AGRARIAN

Notes on Atty Roldan Lecture June 13, 2015

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CASE

NOTE

BENEFICIARIES OF CARP?
Landless farmers including agri lessee, tenants and farmworkers. DAR identifies and screens beneficiaries
& validates qualifications:
a)
At least 15 years old
b)
Resident of the bgy.
c)
Owns less than 3 ha of agri land per Sect 25 RA 6657
CARPABLE LAND iS an agri land & certified by DAR and DENR t be covered under the CARP of the
government which is intended for distribution to beneficiaries. Now 7.8 MM ha of land has been identified
as carpable and covered by the program
HOW MUCH CARPABLE LAND HAS BEEN ACQUIRED & DISTRIBUTED SO FAR? 6.9 MM ha.
Equivalent to 88% of the total land subject to CARP
Balance 906,652 HA needs to b acquired and distributed by the government from 2014 to 2016.
DEADLINE SET FORTH BY LAW TO COMPLETELY IMPLEMENT CARP?
Acquisition of covered lands under CARP
JUNE 30, 2014
Distribution of acquired land under CARP
JUNE 30, 2016
How does the govt acquire lands to bE subjected to CARP?
a)
Private lands: Voluntary transfer or voluntary offer for sale
b)
Compulsory acquisition through which the DAR issues Notices of Coverage to the original owners of the
lands. So longs as the Notice of Coverage are issued on or before June 30, 2014. Land distribution to
beneficiaries shall continue until completion. Section 30 of CARPER (RA 2700)
NOTICE OF COVERAGE (NOC) is a letter informing the landowner that his land is covered by CARP and
subject to acquisition & distribution to beneficiaries but he has the right to retain 5 ha.
KEY PRINCIPLES & RATIONALE BEHIND CARP
a)
WELFARE IF THE LANDLESS FARMERS

Promote social justice;

To enhance their dignity; and

Promote quality of their lives.

b)
EQUALITY & JUST COMPENSATION
To own the land they till or receive just share of the fruits thereof. The state undertakes just distribution
of al agri lands.
JUST COMPENSATION reasonable value of the land
EQUITABLE DISTRIBUTION & INDUSTRIALIZATION
The state recognizes there is not enough agri land to be divided & distributed to each farmer & regular
farm worker so that each one can own an economic size family farm. A meaningful agrarian reform prog
is to uplift their lives and economic status can be achieved through simultaneous industrialization.
COMMUNITY BASE IMPLEMENTATION so that farmers shall have better control of farm gate prices and
easier access to credit
SOCIAL FUNCTION (LAND) & SOCIAL RESPONSIBILITY (LANDOWNER)
Owners have the obligation to cultivate directly or through administration the lands they own and thereby
make the land productive
WHO IS THE FARMER defined under RA 9700?
a)
Natural person
b)
Cultivate lands
c)
Involved in production of agri crops and/or fisheries primarily wit the assistance of his/her immediate
farm household wherein the land owned by him/her or by another person under a leasehold or share
tenancy agreement or arrangement with the owner thereof.
WHAT LANDS ARE COVERED BY CARP?
a)
Generally all alienable and disposable lands of the public domain devoted to or suitable for agriculture.
Not considered agricultural are Public parks, Government offices, etc.
b)
All lands of the public domain in excess of the specific limits as determined by Congress: 1100,000 ha
lands owned by the govt
c)
All other lands owned by the govt devoted or suited fo agri
d)
Private ands devoted to or suitable for agri regardless of the agri products raised or that can be raised
thereon.
SPECIFICALLY LAND COVERED BY CARP
a)
All private agri lands in excess of retention limit of 5 ha
b)
All rice and corn lands under PD 27 provided not yet distributed until Oct 21, 1972 under PD 27

Issuance of Certificate of Transfer

Issuance f Emancipation Patent

c)
All idle or abandoned agri lands acquired through cadastral by the govt
d)
All private agri lands voluntarily offered and transferred by the owners for agrarian reform
e)
All private agri lands voluntarily offered for sale to the govt for CARP purposes.
f)
Those acquired by the govt through the mode of compulsory acquisition
g)
All alienable and disposable public agri lands including those under agro-forest, pasture or agri leases
h)
All agri public lands which are offered for new development and resettlement
In 2000, spouses Adela and Macario Ignacio has 50,000 SM corn farm 20 farmers working and
reside as tenants together with their families. DAR issued a Notice of Coverage subjecting said
corn farm to CARP and distribution to beneficiaries.
Q:
Did DAR err in its action to subject sps Ignacios land under CARP
A:
Yes (Why???)
IS THERE ANY AGRI EXEMPTED
5 Ha and below are nor covered for acquisition

AGRIARIAN NOTES
Atty Roldan Lecture June 13, 2015
CASE
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1955
1965

1972
1987

1988
2009
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5 HA, EXEMPTION BY dar, CAN GOVT STILL ACQUIRE?

YES, can still be acquired for other uses for actual, direct & exclusive public purposes, school sites,
bridge, etc. by POWER OF EMINENT DOMAIN
Sole heir of late Miuel H. have registered in his name 23 ha farm in Occ Mindoro. However, BIR certified
that 50% if the said farms net annual income are always reserved for donation to govt charities for the last
10 years.
Q.
Can the govt still acquire the said farm of Miguel for distribution under CARP?
A.
Yes, can still acquire. Govt must undergo the process of expropriation regardless of the purpose for
which the income of a farmland is devoted, the same remains to be covered by CARP if more than 5
ha. Only 18 ha can be covered by CARP after paying Miguel a just compensation
If with families, the order of priorities will be followed.
In 2002, Jake, John and Joseph inherited from their mother a sugar came plantation, area 15 hr upon
settlement of the mothers estate. A new title for the land was issued naming all Jake, John and
Joseph as co-owners.
Q.
IS THE SAID LAND COVERED B CARP?
A.
No. Because there are 3 co-owners, land area equally shared, Assuming, that the there was equal
sharing of the land area and the maximum retention 5 ha each, Jake, John and Joseph retains 5 ha
each..
Alfredo served as caretaker of rest house of Mendez ub the middle of 85 ha mango farm in Zambales.
In 2011 DAR issued a NOC to CARP, to be distributed to qualified beneficiaries among 150 workers
Q.
Can alfredo qualify as a beneficiary?
A.
No. Since Alfredo did not till the land and the law states that beneficiaries must be actually tilling the
land, certified by the Bgy Agrarian Reform Council BAC and attested under oath by landowners.
July 6, 2015
????
Abolished the concept of shared tenancy
Created the Land Bank of the Philippines
Owner cultivatorship in rice and corn
Limitation in operation in Central Luzon: Nueva Ecija , pilot project 75 ha
RA 3869
Declaring the entire country as Land Reform area
Lease hold tenancy; 7 ha
PD 27
Emancipation of Tiller on privately owned tenanted rice and corn land
Constitution
PD 141
Instituting CARP regardless of product, tenanted or non, regardless of tenuntial
arrangement
EO 229
Mechanics of implementation of CARP
RA 6657
CARP LAW 1988 Land classification & acquisition, 10 years (1998)
Retention: 5 ha.
RA 8532
Extended the implementation until 2008 for 10 years
RA 9700
Extended the implementation of CARP (5 yrs) until June 30, 2014
Terms of reference RA 6657
AGRARIAN REFORM
Redistribution of lands, regardless of crops or fruits produced, to farmers
and regular farm workers who are landless, irrespective of tenural
arrangment, designed to lift their economic status. Through:
a) Physical redistribution of lands
b) Production or profit sharing
c) Labor administration
d) Distribution of shares of stocks to receive a just share of the fruits of the
land they till.
AGRICULTURE, AGRI
Cultivation of the soil, planting of crops, growing of fruit trees, harvesting,
ENTERPRISE; AGRIACTIVITY
etc.
AGRICULTURAL LAND
Land devoted to agricultural activity not classified as mineral, forest,
residential, commercial or industrial land; lands which are arable and
suitable to farming.
ARICULTURAL DISPUTE
Controversy relating to tenurial arrangements (leasehold, tenancy,
stewardship)
Compensation of landsa, transfer of ownership from landowner to farm
workers, tenants & other land reform beneficiaries.
Idle land
Not cultivated, tilled or developed to produce any crop nor devoted to any
specific purpose continuously for a period of 3 years from receipt of notice
of acquisition by the government, excluding resulting to force majeure or
any other fortuitous events.
FARMER
Natural person whose primary livelihood is cultivation of land, production of
agricultural crop. livestock or fisheries by:

Himself

Assisted by immediate farm household

Owned or leasehold

Shared tenancy agreement or arrangement with owner.

FARM WORKER
Natural person who renders services for value as an employee or laborer in
agri enterprise or farm, whatever compensation arrangement would be
REGULAR FARMWORKER
Natural person who is employed on a permanent basis by an agri
enterprise or farm
SEASONAL FARMWORKER
Non-permanent laborer
RA 1400
RQ 3844

RAISING OF LIVESTOCK, POULTRY

NOT AGRICULTURE BUT INDUSTRIAL, Exempted from Agrariam

AGRIARIAN NOTES
Atty Roldan Lecture June 13, 2015
OR FISH
COVERAGE
Exclusion:

RETENTION LIMITS
For each children
1.
2,

Reform Program because no land is tilled and no crop is harvested.

These products fo not sprout from the land, hence they are not fruits of
the land. (Luz Farms v Secretary of Agrarian Reform 192 SCA 51)
All public & private agricultural lands including other lands of public
domain suitable for agriculture
5 ha and below
Residential, Industrial, Commercial, Mineral or Forest Land & Reserves,
Parks, Wildlife reservations, Fish sanctuaries & breeding grounds,
Watergeds & Mangroves;
Private lands directly & exclusively used for prawn farms & fishponds
Lands used for National Defense, school sites & campuses,
Experimental farm stations for educational purposes, seeds and
seedling research, church sites & convent, mosque sites & Islamic
centers; communal burial grounds & cemeteries; penal colonies and
penal farms , research & quarantine centers and lands with 18% slope &
over.
5 HA OR LESS
3 Ha
15 years of age
Actually tilling the land or directly managing the cultivation

Original Homestead grantees or their direct compulsory heirs who stlll own the original homestead at the time of the
approval of this Act shall retain the same areas as long as they continue to cultivate said homestead.